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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (two years of imprisonment, confiscation) is too unreasonable.
B. The Prosecutor’s sentence against Defendant B (one year of imprisonment with prison labor, two years of suspended execution, and observation of protection) of the lower court is too unfasible and unreasonable.
2. Determination
A. The facts that the Defendant made a judgment on the Defendant A’s assertion are favorable to the fact that he/she made a confession of the entire crime and recognized his/her mistake, and that he/she made an agreement with some victims or deposited the victims with the victims to recover the damage.
On the other hand, even in 2008, the Defendant had been sentenced to a fine due to a violation of the same kind of Food Sanitation Act. The instant crime was committed in a systematic manner by sharing the roles with many people, and mainly sold food or medical devices to older persons as if they were the governing power, and the nature of the crime is very poor, and the Defendant appears to have planned and actively led the instant crime, and the total amount of damages reaches 226,50,000 won, etc. are disadvantageous circumstances.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable. As such, the Defendant’s assertion is without merit.
B. The judgment of the prosecutor’s assertion is that the Defendant had been sentenced to a fine due to a violation of the Health Functional Foods Act even around 2004; the instant crime was committed in a systematic manner by sharing the roles with many people; the crime was mainly sold food or medical devices as if the elderly were the governing officer; the nature of the crime is very poor; the majority of the victims and the total amount of damage reaches 226,50,000 won, etc. are disadvantageous circumstances.
On the other hand, the fact that the defendant acknowledges and reflects his mistake, and that the defendant is suspended from execution.